Central Arkansas Transit Authority. Title VI Program Update

Transcription

1 Central Arkansas Transit Authority Title VI Program Update Updated: May 2012

2 Table of Contents Title VI Certifications and Assurances 3 Title VI Complaint Procedures 11 Title VI Investigations, Complaints, and Lawsuits 14 Title VI Complaint Form 15 Limited English Proficiency (LE) Plan 18 Title VI Notification to Beneficiaries 22 Statement on Environmental Justice Analyses for Construction Projects 23 Public Hearing Process 24 Collection of Demographic Data 27 System-wide Service Standards 28 System-wide Service Policies 30 Evaluation of Service and Fare Changes 31 Monitoring of Transit Service 33 Service Area Demographics 40 Page 2

3 Title VI Program Civil Rights Certificates & Assurances The Central Arkansas Transit Authority (CATA) hereby certifies that, as a condition of receiving Federal financial assistance under federal transit laws and civil rights act of 1964, as amended, it will ensure that: a. No person, based on race, color, or national origin, will be subjected to discrimination in the level and quality of transportation services and transitrelated benefits. b. CATA will compile, maintain, and submit in a timely manner, Title VI information required by FTA Circular and in compliance with the Department of Transportation's Title VI regulation, 49 CFR, Part c. CATA will make it known to the public that those persons or persons alleging discrimination based on race, color, or national origin as it relates to the provision of transportation services and transit-related benefits may file a complaint with the Federal Transit Administration and/or the U.S. Department of Transportation. The person or persons, whose signature appears below, are authorized to sign this assurance on behalf of the grant applicant or recipient. Date: May 5, 2012 Signed: Betty Wineland, CEO Page 3

4 Title VI Assurance CATA (hereinafter referred to as the "Recipient") hereby agrees that, as a condition to receiving any Federal financial assistance from the Department of Transportation, it will comply with Title VI of the Civil Rights Act of 1964, 78 Stat. 252, 42 U.S.C. 2000d-42 U.S.C. 2000d-4 (hereinafter referred to as the "Act"), and all requirements imposed by or pursuant to Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21,. Nondiscrimination in Federally-Assisted Programs of the Department of Transportation-Effectuation of Title VI of the Civil Rights Act of 1964 (hereinafter referred to as the "Regulations"), and other pertinent directives. No person in the United States shall, on the grounds of race, color or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity for which the Recipient receives Federal financial assistance from the Department of Transportation, including the Federal Transit Administration, and HEREBY GIVES ASSURANCE THAT it will promptly take any measures necessary to effectuate this agreement. This assurance is required by subsection 21.7(a) of the Regulations. More specifically, and without limiting the above general assurance, the Recipient hereby gives the following specific assurances with respect to its Federal Transit Administration program: 1. That the Recipient agrees that each "program and each "facility", as defined in subsections 21.23(e) and 21.23(b) of the Regulations will be (with regard to a "program") conducted, or will be (with regard to a "facility") operated, in compliance with all requirements imposed by, or pursuant to, the Regulations. 2. That the Recipient shall insert the following notification in all solicitations for bids for work or material subject to the Regulations and made in connection with all Federal Transit Administration programs and, in adapted form in all proposals for negotiated agreements: The Central Arkansas Transit Authority, in accordance with Title VI of the Civil Rights Act of 1964, 78 Stat. 252, 42 U.S.C. 2000d to 2000d-4 and Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Nondiscrimination in Federally-Assisted Programs of the Department of Transportation issued pursuant to such Act, hereby notifies all bidders that it will affirmatively insure that in any contract entered into pursuant to this advertisement, minority business enterprises will be afforded full opportunity to submit bids in response to the invitation and will not be discriminated against on the grounds of race, color, or national origin in consideration for an award. 3. That the Recipient shall insert the clauses of Appendix A of this assurance in every contract subject to this Act and the Regulations. 4. That the Recipient shall insert the clauses of Appendix B of this assurance, as a covenant running with the land, in any deed from the United States effecting a transfer of real property, structures, or improvements thereon, or interest therein. 5. That where the Recipient receives Federal financial assistance to construct a facility, or part of a facility, the assurance shall extend to the entire facility and facilities operated in connection therewith. Page 4

5 6. That where the Recipient receives Federal financial assistance in the form, or for the acquisition of real property or an interest in real property, the assurance shall extend to rights to space on, over or under such property. 7. That the Recipient shall include the appropriate clauses set forth in Appendix C of this assurance, as a covenant running with the land, in any future deeds, leases, permits, licenses, and similar agreements entered into by the Recipient with other parties: (a) for the subsequent transfer of real property acquired or improved under Federal Transit Administration programs; and (b) for theconstruction or use of, or access to, space on, over, or under real property acquired, or improved under Federal Administration programs. 8. That this assurance obligates the Recipient for the period during which Federal financial assistance is extended to the program, except where the Federal financial assistance is to provide, or is in the form of personal property or real property or interest therein or structures or improvements thereon, in which case the assurance obligates the Recipient or any transferee for the longer of the following periods: (a) the period during which the property is used for a purpose for which the Federal financial assistance is extended, or for another purpose involving the provision of similar services or benefits; or (b) the period during which the Recipient retains ownership or possession of the property. 9. The Recipient shall provide for such methods of administration for the programs as are found by the Secretary of Transportation or the official to whom he/she delegates specific County Of Fayette to give reasonable guarantee that it, other interest, and other participants of Federal financial assistance under such program will comply with all requirements imposed or pursuant to the Act, the Regulations and this assurance. 10. The Recipient agrees that the United States has a right to seek judicial enforcement with regard to any matter arising under the Act, the Regulations, and this assurance. 11. The Recipient assures that the level and quality of transit service and related benefits are provided in a manner consistent with Title VI of the Civil Rights Act of THIS ASSURANCE is given in consideration of, and for the purpose of, obtaining any and all Federal grants, loans, contracts, property, discounts or other Federal financial assistance extended after the date hereof to the recipient by the Department of Transportation under the Federal Administration and is binding on it, other recipients, sub grantees, contractors, subcontractors, transferees, successors in interest and other participants in the Federal Transit Administration programs. The person or persons whose signatures appear below are authorized to sign this assurance on behalf of the Recipient. Date: May 5, 2012 Signed: Betty Wineland, CEO Page 5

6 Appendix A Non-Discrimination Clause During the performance of this Contract, the Contractor, for itself, its assignees and successors in interest (hereinafter referred to as the "Contractor"), agrees as follows: (a) Compliance with Regulations: The Contractor agrees to and shall comply with the Title VI of the Civil Rights Act of 1964, 42 USC 2000d and the Regulations relative to nondiscrimination in federally assisted programs of the Authority (hereinafter, "DOT") Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time (hereinafter referred to as the "Regulations", which are herein incorporated by reference and made a part of this Contract). (b) Nondiscrimination: The Contractor, with regard to the work performed by it during the contract, shall not discriminate on the grounds of race, religion, color, sex, age, or national origin in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The Contractor shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the Regulations, including employment practices when the contract covers a program set forth in Appendix B of the Regulations. (c) Solicitations for Subcontracts, Including Procurement of Materials and Equipment: In all solicitations, either by competitive bidding or negotiation made by the Contractor for work to be performed under a subcontract, including procurements of materials or leases of equipment, each potential subcontractor or supplier shall be notified by the Contractor of the Contractor's obligations under this contract and the Regulations relative to nondiscrimination on the grounds of race, religion, color, sex, age, or national origin. (d) Information and Reports: The Contractor shall provide all information and reports required by the Regulations or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the Recipient or the Federal Transit Administration (FTA) to be pertinent to ascertain compliance with such Regulations, orders and instructions. Where any information is required, which is in the exclusive possession of another who fails or refuses to furnish this information, the Contractor shall so certify to CATA, or the Federal Transit Administration, as appropriate, and shall set forth what efforts it has made to obtain the information. (e) Sanctions for Noncompliance: In the event of the Contractor's noncompliance with the nondiscrimination provisions of this Contract, CATA shall impose such contract sanctions as it or the Federal Transit Administration may determine to be appropriate including, but not limited to: (i) withholding of payments to the Contractor under the Contract until the Contractor complies; and/or (ii) cancellation, termination or suspension of the Contract, in whole or in part. Page 6

7 (f) Incorporation of Provisions: The Contractor shall include the provisions of paragraphs (a) through (e) of this section in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Regulations or directives issued pursuant thereto. (g) The Contractor shall take such action with respect to any subcontract or procurement as CATA or the Federal Transit Administration may direct, as a means of enforcing such provisions, including sanctions for noncompliance; provided, however, that in the event a Contractor becomes involved in, or is threatened with litigation with a subcontractor or supplier as a result of such direction, the Contractor may request CATA to enter into such litigation to protect the interests of CATA and, in addition, the Contractor may request the services of the Attorney General in such litigation to protect the interests of the United States. Page 7

8 Appendix B Real Property The following clauses shall be included in any and all deeds effecting or recording the transfer of real property, structures or improvements thereon, or interest therein from the United States: NOW, THEREFORE, the Department of Transportation, as authorized by Law, and upon the condition that the Central Arkansas Transit Authority (CATA) will accept title to the Lands and maintain the project constructed thereon, in accordance with the State of Arkansas, the Regulations for the Administration of the PROGRAM and the policies and procedures prescribed by the FEDERAL TRANSIT ADMINISTRATION of the Department of Transportation and, also in accordance with and in compliance with all requirements imposed by or pursuant to Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Nondiscrimination in Federally-Assisted Programs of the Department of Transportation (hereinafter referred to as the Regulations) pertaining to and effectuating the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252; 42 U.S.C. 2000d to 2000d-4), does hereby remise, release, quit claim and convey unto CATA all the right, title and interest of the Department of Transportation in and to said lands described in Exhibit "A" attached hereto and made a part hereof. TO HAVE AND TO HOLD said lands and interests therein unto CATA and its successors forever, subject, however, to the covenants, conditions, restrictions and reservations herein contained as follows, which will remain in effect for the period during which the real property or structures are used for a purpose for which Federal financial assistance is extended or for another purpose involving the provision of similar services or benefits and shall be binding on the CATA, its successors and assigns. CATA, in consideration of the conveyance of said lands and interests in lands, does hereby covenant and agree as a covenant running with the land for itself, its successors and assigns, that (1) no person shall on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination with regard to any facility located wholly or in part on, over or under such lands hereby [,] [and]* (2) that CATA shall use the lands and interest in lands and interests in lands so conveyed, in compliance with all requirements imposed by or pursuant to Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Nondiscrimination in Federally-Assisted Programs of the Department of Transportation Effectuation of Title VI of the Civil Rights Act of 1964, and as said Regulations may be amended, and (3) that in the event of breach of any of the above mentioned nondiscrimination conditions, the Department shall have a right to re-enter said lands and facilities on said land, and the above described land and facilities shall thereon revert to and vest in and become the absolute property of the Department of Transportation and its assigns as such interest existed prior to this instruction. Page 8

9 Appendix C Federally Funded Real Property The following clauses shall be included in all deeds, licenses, teases, permits, or similar instruments entered into by the Central Arkansas Transit Authority (CATA) pursuant to the provisions of Assurance 7(a): The (grantee, licensee, lessee, permittee, etc., as appropriate) for herself/himself, his/her heirs, personal representatives, successors in interest, and assigns, as a part of the consideration hereof, does hereby covenant and agree (in the case of deeds and leases add "as a covenant running with the land") that in the event facilities are constructed, maintained, or otherwise operated on the said property described in this (deed, license, lease, permit, etc.) for a purpose for which a Department of Transportation program or activity is extended or for another purpose involving the provision of similar services or benefits, the (grantee, licensee Lessee, permittee, etc.) shall maintain and operate such facilities and services in compliance with all other requirements imposed pursuant to Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Nondiscrimination of Federally Assisted Programs of the Department of Transportation - Effectuation of Title VI of the Civil Rights Act of 1964, and as said Regulations may be amended. That in the event of breach of any of the above nondiscrimination covenants, CATA shall have the right to terminate the (license, lease, permit, etc.) and to re-enter and repossess said (licenses, lease, permit, etc.) to re-enter and repossess said land and facilities thereon, and hold the same as if said (license, lease, permit, etc) had never been made or issued.*(include in licenses, leases, permits, etc). That in the event of breach of any of the above nondiscrimination covenants CATA shall have the right to re-enter said lands and facilities thereon, and the above-described lands and facilities shall thereupon revert to, vest in, and become the absolute property of CATA and its assigns.**(include in deeds) The following shall be included in all deeds, licenses, leases, permits, or similar agreements entered into by CATA pursuant to the provisions of Assurance 7(b). The (grantee, licensee, lessee, permittee, etc., as appropriate) for herself/himself, his/her personal representatives, successors in interest, and assigns, as a part of the consideration hereof, does hereby covenant and agree (in case of deeds, and leases add "as a covenant running with the land") that (1) no person on the ground of race, color, or national origin shall be excluded form participation in, be denied the benefits of, or be otherwise subjected to discrimination in the use of said facilities, (2) that in the construction of any improvements on, over or under such land and the furnishing services thereon, no person on the grounds of race, color, or national origin shall be excluded from the participation in, be denied. the benefits of, or be otherwise subjected to discrimination, and (3) that the (grantee, licensee, lessee, permittee, etc.) shall use the premises in compliance with all other requirements imposed by or pursuant to Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Page 9

10 Secretary, Part 21, Nondiscrimination in Federally-Assisted Programs of the Department of Transportation - Effectuation of Title VI of the Civil Rights Act of 1964, and as said Regulations may be amended. That in the event of breech of any of the above nondiscrimination covenants, CATA shall have the right to terminate the (license, lease, permit, etc.) and to re-enter and repossess said land and the facilities as thereon, and hold the same as if said (license, lease, permit, etc.) had never been made or issued.***(include in licenses, leases, permits, etc.) That in the event of breach of any of the above nondiscrimination covenants, CATA shall have the right to re-enter said land and facilities thereon, and the above described lands and facilities shall there upon revert to and vest in and become the absolute property of CATA and its assigns.****(include in deeds) Page 10

11 Title VI Program Complaint Procedures Title VI of the Civil Rights Act of 1964 prohibits discrimination on the basis of race, color, or national origin in programs receiving federal financial assistance. GENERAL A member of the public, a group of people, or their representatives who believe they have been denied the benefits of, excluded from participation in, or subject to discrimination can file an administrative complaint against a recipient of financial assistance from the Federal Transit Administration (FTA), a transportation provider, a transportation-related entity, or the FTA itself alleging discrimination and/or adverse environmental effects. This includes social and economic effects against a specific minority, low income community, or population group due to a project or activity funded or carried out by the Federal Transit Administration. The Title VI Civic Rights Complaint Procedures implemented by Central Arkansas Transit Authority (CATA) outlines specific steps and procedures CATA will maintain in receiving, recording, investigating, determining, and resolving Title VI complaints. The following procedures do NOT deny the complainant the right to file formal complaints with the Arkansas Council on Human Relations, the Equal Employment Opportunity Commission, the Federal Transit Administration, and/or seek private counsel for complaints alleging discrimination, intimidation or retaliation of any kind that is prohibited by law. Complainants have the right to submit complaints directly to the appropriate federal agency. The option of informal meeting(s) between the affected parties and the CATA Program Director may be utilized for resolution of the Title VI complaint. The CATA Program Director will notify CATA s General Manager of all Title VI related complaints and each step in the complaint procedure process. PROCEDURE 1. The complaint must meet the following requirements: a. Complaint shall be in writing and signed by the complainant(s). In cases where Complainant is unable or incapable of providing a written statement, a verbal complaint may be made. The CATA Program Director will interview the Complainant and assist the person in converting verbal complaints to writing. All complaints must, however, be signed by the Complainant or his/her representative. Page 11

12 b. Include the date of the alleged act of discrimination; date when the Complainants became aware of the alleged act of discrimination; or the date on which that conduct was discontinued or the latest instance of conduct. c. Present a detailed description of the issues, including names and job titles of those individuals perceived as parties in the complaint. d. Federal and state law requires complaints be filed within 180 calendar days of the alleged incident. 2. Upon receipt of the complaint, the CATA Program Director will determine its jurisdiction, acceptability, need for additional information, as well as begin the investigation into the merit of the complaint. 3. The Complainant will be provided with a written acknowledgement that CATA has either accepted or rejected the complaint. 4. A complaint must meet the following criteria for acceptance: a. The Complaint must be filed within 180 days of the alleged occurrence. b. The allegation must involve a covered basis such as race, color or national origin. c. The allegation must involve a CATA service of a federal-aid recipient, sub-recipient or contactor. 5. A complaint may be dismissed for the following reasons: a. The Complainant requests the withdrawal of the complaint. b. The Complainant fails to respond to repeated requests for additional information needed to process the complaint. c. The Complainant cannot be located after reasonable attempts. 6. Once CATA decides to accept the complaint for investigation, the Complainant will be notified in writing of such determination. The complaint will receive a case number and will then be logged in a database identifying: Complainant's name, basis, alleged harm, race, color and national origin of the Complainant. 7. In cases where CATA assumes the investigation of the complaint, within 90 calendar days of the acceptance of the complaint, CATA will prepare an investigative report. The report shall include a narrative description of the incident, identification of persons interviewed, findings and recommendations for determination of the complaint. Page 12

13 8. The investigative report and its findings will be reviewed by the CATA Program Director, and in some cases the investigative report and findings will be reviewed by CATA s Legal Counsel. The report will be modified as needed. 9. The Director and/or Legal Counsel will make a determination on the investigative report of the complaint. Determinations will be stated as follows: a. Compliant Not in Violation of Title VI Letter will explain reasons for CATA s compliance b. Noncompliant Violation of Title VI Letter will document the specific violation and instructions on planned actions to remedy the violation in order to be in compliance with not in violation of - Title VI. 10. Notice of CATA s Program Director's determination will be mailed to the Complainant. Notice shall include information on the investigative report and determination as well as the appeal rights of Complainant and instructions for initiating such an appeal. Notices of appeals are as follows: a. CATA will reconsider this determination if new significant facts are presented. b. If Complainant is dissatisfied with the determination and/or resolution set forth by CATA, the same complaint may be submitted to the FTA for investigation. Complainant will be advised to contact the Federal Transit Administration, Office of Civil Rights, East Building, 5 th Floor TCR, 1200 New Jersey Ave., SE, Washington DC, A copy of the complaint, CATA s investigative report including determination, and, if appropriate, the planning actions CATA will implement to remedy the violation, will be issued to the FTA within 120 days of the receipt of the complaint. 12. A summary of the complaint and its resolution will be included as part of the Title VI updates to the FTA. RECORDKEEPING REQUIREMENT The CATA Program Director will ensure that all records relating to CATA s Title VI Complaint Process are maintained with department records. Records will be available for compliance review audits. Page 13

14 Title VI Investigations, Complaints, & Lawsuits As of May 5, 2012, there are no active lawsuits or complaints naming Central Arkansas Transit Authority that allege discrimination on the basis of race, color, or national origin. Date: May 5, 2012 Signed: Betty Wineland, CEO Page 14

15 Title VI Complaint Form CATA is committed to ensuring that no person is excluded from participation in or denied the benefits of its transit service on the basis of race, color, or national origin, as provided by Title VI of the Civil Rights Act of 1964, as amended. Any person who believes that he or she has been subjected to discrimination has the right to file a formal Title VI complaint within 180 days from the date of the alleged discrimination. The following information is necessary to assist CATA in processing your formal Title VI complaint: If you are filing an ADA complaint, please locate CATA s ADA Discrimination Complaint Form at or by calling Section 1 Name: Address: Phone Numbers: (home) (work) (cell) Do You Have Any Accessible Format Requirements? Large Print: YES NO TDD: YES NO Audio Tape: YES NO Other: The Federal Transit Administration (FTA) Office of Civil Rights is responsible for civil rights compliance and monitoring, which includes ensuring that providers of public transportation properly abide by Title VI of the Civil Rights Act of 1964, Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low Income Populations, and the Department of Transportation s Guidance to Recipients on Special Language Services to Limited English Proficient (LEP) Beneficiaries. Page 15

16 Section 2 Are you filing this complaint based on race, color, or national origin? RACE COLOR NATIONAL ORIGIN Are you filing this complaint on your own behalf? YES NO (If YES, go to Section 3) If NO, please supply the name and relationship of the person for whom you are complaining: Name: Relationship: Please explain why you have filed for a 3 rd Party. Please confirm that you have obtained the permission of the aggrieved party if you are filing on behalf of a 3 rd Party. YES NO Section 3 Have you previously filed a Title VI compliant with CATA? YES NO If YES, what was your CATA Complaint Number? (Note: This information is needed for administrative purposes. CATA will assign a new complaint number to the new complaint.) Have you filed this complaint with any of the following agencies? Federal Transit Administration: YES NO NO Dept. of Justice: YES Arkansas Dept. of Transportation: YES NO US Dept. of Transportation: YES NO Equal Employment Opportunity Commission: YES NO Have you filed a lawsuit regarding this complaint? YES NO Page 16

17 If YES, please provide a copy of the complaint form. (Note: This above information is helpful for administrative tracking purposes. However, if litigation is pending regarding the same issues, CATA will defer to the decision of the Court.) Section 4 Complaint is against: Contact Person: Title: Phone Number: Section 5 Signature: Date: (Note: CATA will not accept your complaint without a signature) Please submit your completed form by mail to: Central Arkansas Transit Authority Scan and to: info@cat.org c/o Title VI Program Director Fax to: Maple Street Call for questions. North Little Rock, AR Title VI Civil Rights Complaint Description (You should include specific details such as names, dates, times, route numbers, witnesses, and any other information that would assist CATA in investigating your allegations. Please use additional paper if needed.) Page 17

18 Limited English Proficiency Four Factor Analysis Factor 1: The number and proportion of LEP persons served or encountered in CATA s service area LEP Populations in CATA Service Area 2010 US Census Data TOTAL Population 5 years & older 305,588 Speaks English PERCENTAGE Very Well 293, % Less Than Very Well & Not At All 11, % Speaks Language Other Than English TOTAL PERCENTAGE Spanish 16, % Indo-European 4, % Asian & Pacific Island 3, % Other Languages 7, % Total 31, % Factor 2: the frequency with which LEP individuals come into contact with CATA s programs, activities, and services Based on bus operator surveys conducted annually, on continuous interactions and discussions with social service and community-based organizations, as well as on historical evidence of very limited contact with and requests for language services, it is determined that CATA programs, activities, and service come into contact with LEP populations on a very limited and infrequent basis. Factor 3: The importance to LEP persons of CATA s programs, activities, and services CATA provides critical information and vital documents regarding its programs, activities, and services in both English and Spanish on each revenue vehicle, for hardcopy documents, and on its website. Important safety and security information and instructions are available in English and Spanish, as well as CATA s Notice of Title VI Rights, route schedules, fare structure, and system map. These critical pieces of information available in Spanish provide meaningful access to the service area s largest LEP population and effectively does not delay or deny CATA s programs, activities, and services to LEP populations. Page 18

19 Factor 4: The resources available to the recipient and costs CATA currently provides all vital documents and critical information in English and Spanish. CATA has very limited staff resources and encounters LEP populations on very rare occasions, therefore it utilizes local Spanish resources from social service and community based organizations as well as partnerships with individuals for translation and interpretive services. This reduces the redundancy and staff time to implement these services and effectively reduces the cost to provide such services. As needs develop from LEP populations, CATA staff will continue to provide at its best ability in regards to time and cost, the most current and updated language assistance to ensure that LEP populations have meaningful access to CATA s programs, activities, and services. Limited English Proficiency Implementation Plan Based on historical evidence from bus operator and community surveys as well as from very limited language assistance requests, it is determined that CATA s programs and services serve very few LEP populations. Due to the limited resources of staff and funding, CATA has implemented the following steps to determine if specific languages are coming into contact with CATA services and, if so, to identify necessary steps needed to ensure meaningful access by LEP persons to its programs and services: Step 1) Assessment of number or proportion of LEP populations served The tables below display the 2010 US Census data for the population in CATA s service area that speaks English very well, less than very well, and not at all, as well as the number of people that speak other languages. LEP Populations in CATA Service Area 2010 US Census Data TOTAL Population 5 years & older 305,588 Speaks English PERCENTAGE Very Well 293, % Less Than Very Well & Not At All 11, % Speaks Language Other Than English TOTAL PERCENTAGE Spanish 16, % Indo-European 4, % Asian & Pacific Island 3, % Other Languages 7, % Total 31, % Page 19

20 Based on the information displayed in the above table, it is estimated that less than 4% of the service area population does not speak English well. Of the other languages spoken in the service area, Spanish is the most dominant language spoken. In addition to reviewing US Census data, CATA periodically conducts a general bus operator survey which includes questions regarding operator s contact with bus passengers speaking a language other than English. Also, CATA routinely meets with several social service agencies and discusses CATA programs and services specifically needed by LEP populations to identify other language. Step 2) Language Assistance CATA provides all written applications for CATA programs and services and other vital documents in English as well as in Spanish. Other documents include, but are not limited to, Links Para-Transit Qualification Application, Discount Fare Application, system map, individual route schedules, fare structure, safety practices and precautions for boarding and exiting the bus, notification of electronic video and audio surveillance equipment recording, Notice of Title VI Rights, Title VI Complaint Form, and the ADA Complaint Form. Upon request, CATA will provide Spanish translation services for public meetings. CATA will continue to work with established language translators and with area social service agencies to assist in translator services for in-person and overthe-phone contact with LEP individuals to ensure competency of interpreters and translation services. Step 3) Staff Awareness and Training CATA administration and customer service representatives are made aware of the obligations to provide meaningful access to information and services for LEP individuals. CATA employees that are subject to contact with LEP populations are trained at the time of hire as well as on an annual basis on the language assistance policies and procedures that CATA has implemented. Step 4) Notice to LEP Populations CATA notifies Spanish speaking populations of their right to free language services through several mechanisms including community outreach, public events, advertising, and working with community-based organizations to assist in informing LEP populations of CATA programs and language assistance. Vital documents are translated into Spanish with a footnote stating that free Spanish-language interpretive and translation services are available upon request. Below is a list of strategic efforts CATA implements on an annual basis to reach Spanish and other LEP populations: 1) Cinco de Mayo information booth staffed with Spanish speaking employee Page 20

21 2) Monthly advertising in El Latino, the local Spanish newspaper 3) How to ride clinics and information distribution at K-12 schools, colleges and universities, Job Corps campus, local libraries, and medical facilities including hospitals 4) Informational booths at other community events such as Earth Day, Mayor s Car-Free Challenge, and Family Fun Festival Step 5) Monitoring & Updating the LEP Plan CATA will utilize the annual bus operator surveys, on-going partnership developments with social-service and community-based organizations, as well as review of American Community Survey and US Census data to periodically monitor LEP Populations to determine if the LEP Plan needs to be updated. Continuous CATA administrative and customer service dialogue will also assist in determining if additional LEP populations are coming into contact with CATA programs and services. Page 21

22 Notice of Title VI Rights The following Notice of Title VI Rights is posted on each fixed route bus in English and Spanish, at the main transfer hub (River Cities Travel Center), on the CATA website, and at the Administrative offices. Notice of Title VI Rights The Central Arkansas Transit Authority hereby gives public notice of its policy to ensuring that no person is excluded from participation in or denied the benefits of its transit service on the basis of race, color, or national origin, as provided by Title VI of the Civil Rights Act of 1964, as amended. If you believe you have been subjected to unequal treatment because of race, color, national origin, age, gender, or disability, you have the right to file a formal complaint. Complaints may be filed within one hundred eighty (180) days following the date of the alleged discriminatory action: BY MAILING TO THE CENTRAL ARKANSAS TRANSIT AUTHORITY, 901 MAPLE ST., NORTH LITTLE ROCK, AR 72114, or BY CALLING , or BY ING TO info@cat.org Spanish translation: Notificación del Título VI Derechos. Con esta, la Autoridad de Transporte Público del área central de Arkansas (CATA) da notificación pública para asegurar que ninguna persona sea excluida de la participación en o le sean negados los servicios de transporte público con base en su raza, color, o nacionalidad (país de origen) según el Titulo VI del Acta de los Derechos Civiles y sus enmiendas. Si Usted cree que Usted ha sido objeto de un tratamiento desigual por su raza, color, nacionalidad (país de origen), edad, sexo, o invalidez Usted tiene derecho a presentar una queja formal. Toda las quejas deben ser entregadas en los siguientes ciento ochenta (180) días de la fecha en que ocurrió la presunta acción de discriminación. La dirección postal a la que debe enviar sus quejas es: CENTRAL ARKANSAS TRANSIT AUTHORITY, 901 MAPLE ST., NORTH LITTLE ROCK, AR 72114, o Si desea puede llamar por teléfono al: , o envíe un correo electrónico a: info@cat.org Page 22

23 Environmental Justice Analysis for Construction Projects RE: Title VI Program Update Statement of Construction Projects The Central Arkansas Transit Authority (CATA) undertook two minor construction projects in the past reporting years. The first project was the construction of a River Rail Streetcar System platform stop located at the central library in downtown Little Rock. The second project was an expansion of the streetcar barn located in downtown North Little Rock. Both projects were new or expansion projects located on existing facilities and property. It states in the FTA Title VI Circular, Chapter IV, Section 8: Guidance on Conducting an Analyses of Construction Projects that in order to integrate, into environmental analyses, considerations expressed in the DOT Order on Environmental Justice, recipients and sub-recipients should integrate an environmental justice analysis into their National Environmental Policy Act (NEPA) documentation of construction projects. (Recipients are not required to conduct environmental justice analyses of projects where NEPA documentation is not required). In the State of Arkansas, NEPA documentation is NOT required for construction projects; therefore, environmental justice analyses are NOT required. Furthermore, if CATA was required to perform an environmental justice analysis, the two specific construction projects listed above would qualify for a Categorical Exclusion (CE) as provided in 23 C.F.R The projects involve little or no construction and involve minimal or no side effect off-site. The projects do not individually or cumulatively involve significant social, economic, or environmental impact. Also, new or rehab construction of rail facilities is specifically listed as an exclusion. Page 23

24 Public Hearing Process Purpose The purpose of this Policy is to define the process by which the Central Arkansas Transit Authority (CATA) will solicit and consider public comment for substantial service and/or fare structure changes. This policy is adopted by the Board of Directors of CATA by Resolution and may be revised by the Board from time to time without notice. This policy defines minimum practices. It is the intent of the Board to take any practical means to afford the public ample notice of any significant actions or changes in service or fare. Definitions Route: a route which a transit vehicle travels that is specifically labeled or numbered for the purpose of picking up or discharging passengers at regularly scheduled stops and intervals. Route Mile: a route mile is a distance of one statute mile along a route regularly traveled by transit vehicles while available to the general public as a passenger vehicle. The length of a route is the round-trip distance traveled from the first specified pickup point to the end of the line and return to the starting point to begin another circuit of the route. If a route is defined only in one direction, the one-directional distance is the route length. Revenue Vehicle Mile: a revenue vehicle mile is the distance of one statute mile traveled while a transit vehicle is available to the general public as a passenger vehicle. Ridership: the number of unlinked revenue passenger trips carried. An unlinked passenger trip does not include transfers. Service Change: any addition or deletion resulting in the physical realignment of a transit route, or a change in the type of frequency of service provided in a specific regularly-scheduled transit route. Experimental Service: a change or addition to an existing transit route or the establishment of a new transit route. Assurances CATA assures that in the event of substantial service and/or fare structure changes, CATA will: (1) have held a public hearing or have afforded an adequate opportunity for such hearings after public notice; (2) have given proper consideration to views and comments expressed in such hearings; and (3) have given consideration to the effect of Page 24

25 the service and/or fare changes on energy conservation, as well as on their economic, environmental, and social impact. Public Hearing Requirements A public hearing opportunity is required when: 1. There is a change in any fare. 2. There is any change in service of: (a) twenty-five percent (25%) or more of the number of transit miles in a route; or (b) twenty-five percent (25%) or more of the number of transit revenue miles in a route, computed on a daily basis for the day of the week for which the change is made; or (c) twenty-five percent (25%) or more of the number transit hours in a route 3. A new transit route is established. 4. If a number of changes on a route during the fiscal year add up to the percentages above, a hearing must be held prior to the last change. Exemptions Reduced or free promotional fares which are instituted on a daily basis or periodically within a period of 180 days are exempt from the public hearing process. Headway adjustment of up to five (5) minutes during peak-hour service, and up to 15 minutes during non-peak-hour service are exempt from the public hearing requirements. Standard seasonal variations are exempt from the public hearing requirement unless the number, timing, or type of standard seasonal variation changes. Experimental service changes may be instituted for 180 days or less without holding a public hearing. The public hearing on experimental service change is required if the experimental service change remains in effect for more than 180 days and if the change meets the 25% or more test outlined above. The hearing on experimental service will satisfy the requirement for a final public hearing if the hearing notice states that he service may become permanent at the end of the experimental period. If a hearing is not held prior to or during the period of the experimental service, the service that existed prior to the change must be reinstituted at the end of the 180-day period. If the Page 25

26 experimental service is to be extended beyond the 180-day period, a public hearing must be held prior to its continuation. In an emergency situation, a service change may be implemented immediately without holding a public hearing. A public hearing on the emergency change must be held if the emergency change is to be in effect for more than 180 days or if the change meets the test percentages of the above paragraphs. Examples of emergency service changes include but are not limited to those made because of a power failure for a rail or fixed guideway system, the collapse of a bridge over which bus routes pass, major road or rail construction, or inadequate supplies of fuel. Public Hearing Requirements Prior to the implementation of a fare change or to a service change falling within the previously stated percentage levels, CATA will publish a notice of public hearing. The notice will be published in a newspaper of general circulation within the urbanized area and will announce the opportunity for, and intent to hold, a public hearing. The notice will also be published in newspapers oriented to specific groups or neighborhoods that may be affected. The public hearing notice will be posted on the CATA website, announced on CATA s Facebook page, posted on each bus, distributed to the Central Arkansas Library System and to area community centers, as well as distributed to various city and county social services agencies. The notice must be published at least 30 days prior to the hearing. The notice for fare and/or service changes must contain: 1. A description of the contemplated service changes or the fare changes. 2. If the hearing is for experimental or emergency service which has extended over 180 days, the notice must describe the previous changes made and the last contemplated change which makes the final changes permanent. 3. The time and place of the hearing. In the event a fare change or substantial service change is mandated by the Interstate Commerce Commission, a public utility commission or equivalent, the state legislature or other public legislative body, the public hearing requirements may be satisfied if the public is afforded the opportunity to appear before these bodies to present their views. CATA will still be required to publish the opportunity for public hearing as noted above and appear before these bodies to present its views concerning the fare or service change. Minutes will be taken at each public hearing and copies of those minutes made available to the public for review during CATA s normal working hours. Page 26

27 Collection of Demographic Data The Central Arkansas Transit Authority (CATA) has utilized Option A: Demographic and Service Profile Maps and Charts as described in Chapter V of the FTA s Title VI Circular A in order to determine whether transit service is available to minority and lowincome populations within CATA s service area. The prepared maps and chart include: 1) A base map of CATA s service area including census tracts, bus routes, major roads and highways, transit facilities, and major activity centers. See Map 1: Base Map page 38 2) Two (2) demographic maps that display CATA s bus routes and census tract information regarding minority and low income populations in the service area. See Map 2: Service to Minority Populations page 39 See Map 3: Service to Low-Income Populations page 40. 3) A chart displaying each census tract in the CATA service area that details the actual numbers and percentages for each minority group and total tract population. The chart also includes actual numbers and percentages of lowincome populations within each census tract. A second chart outlines the definitions used to determine low-income/poverty populations. See Chart 1: Data for Minority & Low-Income Populations page 41 See Chart 2: Definitions for Low-Income / Poverty Populations page 42 4) As of May 2012: CATA Board of Directors Lawrence Finn White Male Allie Freeman Black Male Jim Gilbert White Male Nicole Heaps, Chair White Female Art Kinnaman White Male Sara Lenehan White Female Matt Lindsey White Male Bruce Moore Black Male Jimmy Moses White Male Ron Roy White Male Tony Vestal White Male Joi Whitfield White Male Page 27

28 System-wide Service Standards To comply with FTA regulations in adopting system-wide service standards to guard against any service design or operational decision that may have a disproportionate impact on minority or low-income populations, CATA has implemented the following service standards as described in Chapter V of the FTA s Title VI Circular A. VEHICLE LOAD FACTOR The following maximum vehicle load factor standards shall apply: Express Routes 100% of seated capacity Local Routes (Peak Hours) 125% of seated capacity Local Routes (Off-Peak Hours) 100% of seated capacity In the event that these standards are consistently exceeded, CATA will determine to either substitute a larger bus on the route or add an additional trip to the schedule in order to bring the service within the Vehicle Load Factor standard. VEHICLE HEADWAY FREQUENCY OF SERVICE The frequency of bus service to a location is significantly dictated by the demand for the service as well as providing a convenient and viable public transportation option. CATA has established the following headways to be maintained: Peak Hour Express a minimum of two (2) morning and two (2) afternoon trips will be offered in the peak travel direction on each express route. Peak Hours 45 minutes minimum Off-Peak Hours 60 minutes minimum ON-TIME PERFORMANCE Although shortages of manpower or equipment, breakdowns, or accidents may keep trips from operating, it is CATA s goal that 99.7% of all trips scheduled will be operated. Of those trips operating, it is CATA s goal that 85% of all trips will be on-time. For the purpose of this standard, on-time is defined as any departure time from a designated stop falling between the scheduled time and five (5) minutes after the scheduled time. CATA has made its company objective to become known for being ontime and dependable. Page 28